Law and Humanities
Quarterly Reviews
ISSN 2827-9735
Published: 22 August 2023
Study of State Administrative Court Decisions as Enforcement of Guidelines for Handling Environmental Cases
Fitria Dewi Navisa, Hisbul Luthfi Ashsharofi
The University of Islam Malang, Indonesia
Download Full-Text Pdf
10.31014/aior.1996.02.03.73
Pages: 85-99
Keywords: Decision, State Administrative Court, Environment
Abstract
In the process of examining and deciding cases, environmental judges need materials related to the environment, especially studies of environmental decisions. The study of environmental decisions opens up space for discourse on legal challenges and findings in environmental cases. One of the challenges faced in environmental cases is the inconsistency of decisions that will affect the granting of rights related to the environment to the wider community. Furthermore, the study of environmental decisions highlights issues that are very important in examining environmental cases, such as scientific evidence on environmental damage due to forest fires, industrial activities, mining activities, and others. The objectives to be achieved in this research are to know and analyze substantial aspects to procedural aspects of environmental law, such as the issue of imposing criminal penalties for corporate management, scientific evidence, environmental permits, application of strict liability, citizen lawsuits, issues of environmental case management and the placement of environmental judges. This research is legal research with the type of research that is normative research. Cases that go to court and are registered as environmental cases do not entirely contain legal substances related to the environment. There were many cases registered with the "LH" register whose legal substance was not directly related to the environment, namely criminal cases regulated in the Oil and Gas Law and cases of corruption in the Oil and Gas sector.
References
1367 K/Pid.Sus-LH/2016, (2016).
139/Pdt.G-LH/2016/PN.JMB, (2016).
2095 K/Pid.Sus-LH/2017, (2017).
2647 K/Pid.Sus-LH2016, (2016).
284/Pdt.G/2007/PN.JAK.SEL, (2007).
44/Pdt.G/LH/2018/PN.Bgl.
540/Pdt/2017/PT.DKI, (2017).
G, S. (1975). Text Book of Sociology. Mac Millan Education.
Indroharto. (2000). Trying to understand the law on Administrative Justice.
Irvan Mawardi. (n.d.). Positive fictitious TUN decisions and government administrative accountability. http://ptun-samarinda.go.id/index.php/layanan-publik/42-ktun-fiktif-positif-dan-akuntabilitas-administrasi-pemerintah
Kasan, E. F., & Rasji. (2021). EXECUTION OF THE DECISION OF THE STATE ADMINISTRATIVE COURT ON LAND DISPUTES ACCORDING TO POSITIVE LAW IN INDONESIA (CASE STUDY OF THE DECISION OF THE STATE ADMINISTRATIVE COURT NUMBER 188 PK/TUN/2018). Adigama Law Journal, 4(2).
Legal position policy paper recommendations of the State Civil apparatus Commission in disputes in the Administrative Court (Jakarta). (2017). LeIP.
Government statement in a working meeting with Commission II DPRI related to AP bill. (2022).
Khaesarani, I. R. (2022). Literature Study On Think Pair Share (Tps) Learning Model In Improving Students ' Mathematics Learning Outcomes. Mathematics And Science Vehicle: Journal Of Mathematics, Science, And Learning, 15(3), 37–49.
Kristiadi, E. Y., Subekti, R., & Raharjo, P. S. (2022). LEGAL PROTECTION OF INDONESIAN MIGRANT WORKERS. Undiksha Journal Of Citizenship Education, 10(1), 312–317. https://ejournal.undiksha.ac.id/index.php/JJPP/article/download/43813/20900/0
Magallanes, C. I. (2019). From Rights to Responsibilities using Legal Personhood and Guardianship for Rivers, in ResponsAbility: Law and Governance for Living Well with the Earth. https://ssrn.com/abstract=3270391
Marzuki, P. M. (2013). Legal Research.
Researcher, T. (2022). An Interview With The Research.
Legal consideration of the verdict no.: 175 PK/TUN/2016., (2016).
Prastiti, H. S. (2022). MEASURING THE EFFECTIVENESS OF COMPLIANCE APPROACH AND DETERRENCE APPROACH IN ENVIRONMENTAL LAW ENFORCEMENT. TANJUNGPURA LAW JOURNAL, 6(1), 1–13. https://doi.org/http://dx.doi.org/10.26418/tlj.v6i1.45403
Pratiwi, C. S., & Dkk. (2016). Legal explanation of the general principles of Good Government. LeIP.
Verdict No.: 118/Pdt.G/LH/2016/PN.PLK, (2016).
Verdict No.: 1808 K/Pdt/2009., (2009).
Decision Of The Supreme Court No. 017/KMA/SK/II/2012 No Poin VIII angka 1, (2012).
Decision Of The Supreme Court No. 037/KMA/SK/III / 2015 on monitoring and Evaluation System of Environmental Judge Certification., (2015).
Team, A. C. (2018). The Colombian Amazon Has the Same Rights as a Person. https://www.amazonteam.org/breaking-news-the-colombian-amazon-has-the-same-rights-as-a-person/